DUI Lawyer Anaheim. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you're facing these types of charges in CA, you need someone in your corner. Trying to navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you work with us, you're getting a team of legal experts who know how to navigate the Anaheim, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
If you wait too long to build a defense, it could become too late. Talk to a lawyer right away at (800) 755-5174 or tell us about your case online to start putting together your case's defense today.
Anaheim, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Anaheim, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Treat the Officer Respectfully
Being rude won't help — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Anaheim?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you refuse to be tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably with field sobriety tests, then decide whether or not to arrest you based on their evaluation of you.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're processing this, the police are updating your records with the DMV to account for the arrest, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Most people accused of DUIs in Anaheim, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Anaheim DUI defense attorney will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will bargain with the Anaheim prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you end up on trial in front of a judge, your attorney should be preparing now.
- Criminal Trial: Your case probably will not go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face consequences. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, call now and we'll be happy to assist!
Defending Against Anaheim DUIs: Criminal Cases vs. DMV Hearings
Anaheim, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the driver's case. Different CA organizations cover each of these aspects, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and what our attorneys will do for your justice and driving privileges:
Anaheim, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we provide expert defense and discredit the criminal accusations. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can show the events in a more favorable light.
With our defense strategies, we are almost always successful at protecting our Anaheim, CA, clients from jail time. In many cases, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Anaheim, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Anaheim, CA, DUI lawyer to navigate. At the hearing, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's essential to contact a Anaheim DUI defense lawyer right away after the traffic stop.
Anaheim DUI Sentences and Consequences
Anaheim, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be trying to avoid, depending on what your charges are:
| Alleged DUI Offense | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
In addition to any criminal sentence in Anaheim, CA, you're also facing collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be devastating. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Anaheim, CA, immigration lawyer. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs that can protect you from a conviction, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whatever happens in the court case, it's natural to want to move on and leave this in the past. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Anaheim, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
When You're Picking a Anaheim, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Anaheim? It's imperative to pick the right lawyer to defend your innocence. Your team needs the abilities, practice, and relationships to secure a positive outcome for your case. When looking for a DUI defense lawyer in Anaheim, CA, look for these signs:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police, totalling more than five decades of experience with the law.
- Availability: So that you can get help right away when you need it. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in Anaheim and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend Against in Anaheim
Whatever DUI charge you're up against in Anaheim, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Here is a list of the DUI allegations we often defend:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI Accident Defense
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- DUI Penalties
- DUI with Child Passenger
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Anaheim, CA
If you want to craft an effective defense strategy, our Anaheim, CA, DUI lawyers are here to help. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legality of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, we can argue for your case to be dismissed. This defense is effective if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate any possible errors that were made when you took the test, re-examine the evidence to look for alternate explanations, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Start Your Defense Today – Call Our Anaheim DUI Defense Lawyers RIGHT AWAY
Anaheim, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. You lose your right to drive, there could be interrogations, you're told you have a court date…it's easy to feel overwhelmed. And that's why it's all the more important to get in touch with aAnaheim, CA, DUI lawyer as soon as possible.
Don't give the state a chance to put you behind bars. Don't let your license go without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Anaheim, CA DUI charges. We're standing by to answer your call right now and will start protecting your driving privileges and your liberty as soon as you call. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a no-obligation case review.
We also provide the following legal services in Anaheim, CA:
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